A New Protocol for dealing with Boundary Disputes
Dealing with all litigation is potentially costly and stressful, and this includes boundary disputes.
Senior lawyers and surveyors have issued a new protocol to assist parties to narrow the issues between them and to arrive at a cost effective resolution.
In resolving boundary disputes, it is normal that both legal issues and surveying judgements come into play.
The protocol encourages early exchange of information, including title documents, boundary agreements or any claims in relation to adverse possession (commonly known as squatter's rights).
The protocol provides that parties should consider the appointment of a “Single Joint Expert Boundary Surveyor” to determine the legal boundary.
It will encourage the parties to meet at an early stage, to discuss dispute resolution which could include formal arbitration, expert determination or mediation.
The protocol sets out how the parties should record the agreement which has been reached, which will, from the parties’ point of view, provide certainty and finality.
If appropriate, the adoption of the protocol can lead to a considerable saving of legal costs and avoid lengthy and stressful proceedings.